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Judgment
Heard Ms. Remya Ronald, Advocate, for the complainants and proxy counsel for the opposite party.
Above complaint has been filed for directing the opposite party to (i) hand over the possession of the Flat no.1202, in building “Ozone Residence” at C.S.No.227, next to Maharashtra College, M.H. Compound, Bellasis Road, Byculla, Mumbai, failing which the opposite party be directed to refund the entire amount of Rs.11200000/- along with interest @18% per annum; (ii) Rs.75000/- per month as compensation for rental loss from 2010 till the date of refund; (iii) Rs.10000000/- as compensation for physical harassment and mental agony; (iv) Rs.5000000/- as penal compensation for indulging in unfair trade practices;(v) Rs.200000/- as cost of litigation; (vi) any other relief which is deemed fit and proper in the facts and circumstances of the case.
By order dated 13.08.2019, the complainants were permitted to amend the complaint, by which the relief for refund along with ancillary relief have been claimed. Amended complaint has been filed by the complainants on 01.11.2019.
The complainants stated that they booked Flat no.1202 in the building “Ozone Residence” at C.S.No.227, next to Maharashtra College, M.H. Compound, Bellasis Road, Byculla, Mumbai, on 29.05.2010 and deposited Rs.200000/- on 19.05.2010, Rs.10000000/- on 27.05.2010 and Rs.1000000/- on 28.05.2010 (total amount of Rs.11200000/-), which was total cost of the flat. Thereafter, the opposite party issued allotment letter dated 29.05.2010 allotting Flat No.1202 to the complainants. The opposite party assured the complainants that the construction would be completed within three years and possession of the flat would be handed over. The period of three years has expired in the year 2013, but the construction was neither done nor possession was offered to the complainants. The complainants time to time inquire about the possession from the opposite party, but they used to give some vague information that the construction would be completed in near future and possession would be handed over to the complainants. The complainants gave a legal notice dated 08.01.2019 to the opposite party for either to handover the possession or to refund their money. The opposite party gave a vague reply of the legal notice. In the reply, they have stated that commencement certificate has been received and the construction would be started in March, 2019, but even the construction could not be started thereafter. Then this complaint was filed.
Inspite of notice service of notice, the opposite party could not file the complaint within 45 days from the date of service of the notice. The opposite party sought to file written reply along with interim application which has been rejected by order dated 16.12.2021. The complainants filed affidavit of evidence of both the complainants and filed written submissions.
We have considered the arguments of the counsel for the complainants and examined the record. The opposite party has allotted the Flat No.1202 to the complainants on 25.05.2010 and realised the entire considerations of the flat of Rs.11200000/- till May, 2010. The construction was neither started nor there is any hope to give possession to the complainants in the near future. In these circumstances, the complainants are entitled to refund of the entire amount and the complainants cannot be made to wait for possession of the flat for indefinite period.
ORDER
In the result, complaint succeeds and is allowed with cost of Rs.100000/-. The opposite party is directed to refund entire amount deposited by the complainants with interest @9% per annum from the date of respective deposit till the date of actual payment, within a period of two months from the date of this judgment.